US v. Sheldon Moore

Filing 920100303

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7240 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHELDON MOORE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, District Judge. (4:07-cr-00048-RBS-TEM-3) Submitted: February 25, 2010 Decided: March 3, 2010 Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Sheldon Moore, Appellant Pro Se. Howard Jacob Zlotnick, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sheldon Moore appeals from the district court's order granting the Government's Fed. R. Crim. P. 35(b) motion and reducing Moore's term of imprisonment from 144 to 108 months and denying Moore's motion for reconsideration. On appeal, Moore challenges the extent of the district court's departure, which this court has no jurisdiction to consider, absent circumstances not here alleged. (4th Cir. 1995). of See United States v. Hill, 70 F.3d 321, 324 Accordingly, and for we deny Moore's of motions plea for and appointment counsel transcripts the sentencing hearings, and dismiss the appeal. oral argument because in the the facts and legal We dispense with contentions the court are and adequately presented materials before argument would not aid the decisional process. DISMISSED 2

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